Recently in Bicycle Accidents Category

June 24, 2010

Polk County, FL Police to Decide Right-on-Red Traffic Camera Violations

Officials have decided that beginning July 1st, Lakeland, FL Police, will decide on camera captured illegal right turns without direction from Polk County Commissioners.

According to the Lakeland Ledger, the new state law will also bring a drop in camera revenue for the city.

City Manager Doug Thomas also has asked Lakeland, FL police Chief Roger Boatner to determine where "the next 10" cameras might be installed, if commissioners decide to expand the program.

Some of the city's most dangerous intersections , such as the Polk Parkway, in Lakeland, FL,and the intersection of Frontage Road and South Florida Avenue, in Lakeland, FL are now eligible for installation of cameras because of the new law.

The city soon may advertise for a new camera company partner, although American Traffic Solutions, which has the contract, won't be ousted anytime soon, or maybe not at all.

One of the biggest changes could involve drivers who are now filmed at five intersections while turning right on red. They can be given violations if they don't stop at the white "stop bar" before the crosswal.

Polk County Police officers who review the videos are allowed some discretion.

But beginning July 1, the new state law will require drivers at intersections with red light cameras to stop in a "careful and prudent" manner. The law makes no mention of stop bars.

City Attorney Tim McCausland told commissioners Wednesday at a workshop that it wasn't their job to determine what the state standard of "careful and prudent" means.

Mccausland stated that Polk County police officers will continue to review videos and to approve tickets.

The tickets will no longer be code violations, but will be heard in traffic court.

Deputy Chief Bill LePere stated an examination of crash statistics for the intersections with cameras showed "a mixed bag" and did not reflect whether the cameras were a success or failure.

Rivas Law Group is a personal injury law firm located in Winter Haven, FL and is dedicated to serving injured victims throughout Polk Count, FL. If you or a loved one has been injured in an accident, call us immediately at (877)299-5539 for your free legal consultation.

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March 7, 2010

Lakeland, FL Bicyclist Struck by Van Injured; Driver Arrested

A Winter Haven, FL bicyclist remained in critical condition Sunday after he was struck by a van driven by a habitual traffic offender Saturday on a rural Lake Alfred road, in Lakeland, FL the Polk County Sheriff's Office stated.

According to the Lakeland Ledger, Norman Patrick Shepherd was injured about 11 a.m. Saturday on Cass Road, near Adams Barn Road in the Lake Alfred area.

The Polk County Sheriff's Office stated that Michael S. Waters, 28, of 10935 Demillie Road in Polk County, FL was driving a 1999 Ford Aerostar Van west on Cass Road in Polk County, FL as Shepherd road also headed near the right shoulder of the roadway.

The van hit Norman Patrick Shepherd,42, of Ninth Street Northwest, in Lakeland, FL from behind and his head struck the upper right area of the van's windshield. The van was driven partially off the roadway and then across Cass Road in Polk County, FL and Shepherd was thrown onto a grassy portion of the shoulder near the intersection of Adams Barn Road, in Polk County, FL according to the Polk County Sheriff's Office reports.

The Polk County Sheriff's Office stated Waters got out of the van and ran south along Adams Barn Road, in Polk County, FL

A short time later, passersby saw Shepherd on the ground and called for help.
Shepherd was taken to Lakeland Regional Medical Center, in Lakeland, FL
Waters told a Lake Alfred, FL police officer that he had consumed alcohol and methamphetamine before the crash, a news release from the Polk County Sheriff's Office stated.

Waters could face other charges after the results of blood and urine tests are completed.

According to the National Institute of Drug Abuse, the drug Methamphetamine is a central nervous system stimulant which affects chemicals in the brain and nerves that contribute to hyperactivity and impulse control. Due to its high potential for abuse, methamphetamine is classified as a Schedule II drug and is available only through a prescription that cannot be refilled.

According to the 2008 National Survey on Drug Use and Health, the number methamphetamine users age 12 and older decreased by over half between 2006 and 2008. Current users of methamphetamine were numbered at 731,000 in 2006, 529,000 in 2007, and 314,000, between the ages of 12 to 17 and young adults in 2008. Significant declines from 2002 and 2008 also were noted for lifetime and past-year use in this age group. From 2002 to 2008, use of methamphetamine declined significantly among youths from 0.3 percent to 0.1 percent, and young adults declined from 0.6 percent in 2002 to 0.2 percent in 2008.

Pursuant to Florida Law, insured drivers are required to carry "No-Fault" or "Personal Injury Protection (PIP)" coverage, which entitles anyone who is injured in an automobile accident to medical treatment and lost wages. If you or a loved one has been injured in an automobile accident, do not hesitate to hire an attorney. At Rivas Law Group, LLC, attorney Tania Rivas represents only accident victims, never insurance companies. Attorney Rivas assists all clients in filing their PIP claims, lost wages, and injury claims. Call us today for your free legal consultation.


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September 26, 2009

Bicyclist Killed by Train in Lakeland, FL

On September 25, 2009, 52 year old, Nathaniel "Mack" Isaac was crossing the train tracks at Wabash Avenue and Olive Street, in Lakeland, FL, on his bicycle when he was struck by an Amtrak train at about 5:50 p.m. Friends of Isaac stated that he had multiple alcoholic drinks before hopping on his bicycle Friday to head home and suspect he may have tried to commit suicide. Issac was pronounced dead at the scene, according to EMS and Polk County, FL Fire officials.

According to the Lakeland Ledger, Issac, who is originally from Ohio, lived on nearby Morrow Street with his girlfriend in Lakeland, FL. It is stated that he performed yard jobs for a living and had recently purchased his bike for $75 from his neighbor, Gary Guthrie.

At this same intersection, there have been other accidents that have occurred. In July 2007, a train crashed, killing four young people who attempted to cross the train tracks in a car. A memorial remains at the scene in honor of these victims.

The Federal Rail Road Administration Office of Safety Analysis
(FRRAOSA), reports that there have been 93 total train crashes, in which 16 where fatality train crashes in 2009. In 2008, there were 36 fatal and 97 nonfatal crashes involving trains in Lakeland, FL. As reported on the FRRAOSA, in Polk County, FL, there have been 91 reported incidents for CSX Transportation, 56 for Amtrak, and 3 for Florida Midland RR Co. which brings the total for Polk County, FL to 150 reported incident since 2008.

The National Highway Safety Administration
(NHSA) reports that in 2007, 698 bicyclists were killed and an additional 44,000 were injured in traffic crashes. Bicyclist deaths accounted for 2 percent of all traffic fatalities, and bicyclists made up 2 percent of all individuals injured in traffic crashes during the year.

The number of bicyclist fatalities in 2007 was 14 percent lower than the 814 fatalities reported in 1997. The fatality Analysis Reporting System(FARS),reports that the highest number of bicyclist fatalities ever recorded was 1,003 in 1975. Bicyclists accounted for 13 percent of all non-occupant traffic fatalities in 2007.

There are 73 to 85 million bicycle riders in the US, including 44.7 million over age of 6 who rode more than six times in 2008. 698 bicyclists reportedly died on US roads in 2007. In a typical year, over 90 percent of cyclists killed on US roads die in crashes with motor vehicles. The "typical" bicyclist killed on our roads is a sober male over 16 not wearing a helmet riding on a major road between intersections in an urban area on a summer evening when hit by a car. About 540,000 bicyclists visit emergency rooms with injuries every year. Of those, about 67,000 have head injuries, and 27,000 have injuries serious enough to be hospitalized. Non-helmeted riders are 14 times more likely to be involved in a fatal crash than helmeted riders. Head injuries account for more than 60 percent of bicycle-related deaths, more than two-thirds of bicycle-related hospital admissions and about one-third of hospital emergency room visits for bicycling injuries.

The preliminary statistics from the US National Highway Traffic Safety Administration (NHTSA), reported in November, 2008, that, Bicyclist deaths in 2007: 698 (Down from 773 in 2006), Bicyclist injuries in traffic in 2007: 43,000 (Down from 44,000 in 2006).

The NHTSA, reported in August, 2006, that a running total of bicyclist deaths in 2005 where: 784 (Up 26% from 2003), Male bicyclist deaths in 2005: 684 (87%) , Night time bicyclist deaths in 2005: 380 (48%) ,Bicyclists killed by motor vehicles: 720 (92%),Bicyclists injured by motor vehicles: 45,000 (up 9.8%),Bicyclists killed in alcohol-related crashes: 281 (up 10%),Bicyclists injured in alcohol-related crashes: 3,000

The Insurance Institute for Highway Safety, reported that in 2006, two percent of motor vehicle-related deaths are bicyclists. The most serious injuries among a majority of those killed are to the head, highlighting the importance of wearing a bicycle helmet. Helmet use has been estimated to reduce head injury risk by 85 percent. Twenty-one states and the District of Columbia have helmet laws applying to young bicyclists; none of these laws applies to all riders. Local ordinances in a few states require some or all bicyclists to wear helmets. A nationwide phone survey estimated that as state helmet use laws increases, there is an 18 percent probability that a rider will wear a helmet. Helmets are important for riders of all ages, especially because 85 percent of bicycle deaths are persons 16 and older.

The fatality anaylisis reporting system(FARS) reported that a total of 772 bicyclists were killed in crashes with motor vehicles in 2006. Bicyclist deaths were down 23 percent since 1975 but 23 percent more than in 2003. The decline among female bicyclists (49 percent) was larger than the decline among male bicyclists (18 percent). Ninety-five percent of bicyclists killed in 2006 reportedly weren't wearing helmets.

In my practice as a personal injury attorney, serving the folks of Polk County, FL, I represent those who have been injured or killed as a result of an accident. If you or a loved one has been seriously injured, it is important that you obtain immediate legal counsel to investigate your claim and protect your legal rights.

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April 30, 2009

Lakeland, FL Woman Dies From Fatal Injuries in a Bicycle Accident

Maria Antonette Bennett, 40, of Lakeland, FL was involved in a Bicycle Accident on the evening of April 28, 2009.  According to the Lakeland Ledger, Bennett was traveling on her bicycle from west to east across North Florida Avenue in Lakeland, FL, when she ran into the right side of a Honda vehicle traveling northbound on North Florida Avenue. 

Bennett was ejected from the bike and flew onto the hood of the Honda, which was driven by Harrell Lennoris Leonard, age 51. Her body was then thrown onto the curb approximately twenty-five feet away. Leonard skidded to an abrupt stop with the bicycle tangled underneath his vehicle.

Bennett was rushed to Lakeland Regional Medical Center with serious injuries. She was pronounced dead nearly five hours later.

The incident remains under investigation.  At this time, investigators suspect Bennett may have been under the influence. She was not wearing a helmet.

According to the U.S. Office of Health, Safety & Security, the six most common causes of bicycle accidents are:

(1) Bicyclist traveling on the wrong side of the road
(2) Vehicle makes an unsafe turn
(3) Bicyclist traveling into the path of a vehicle from a driveway or sidewalk
(4) Auto driver opening door while bicycle passes
(5) Bicyclist weaving or leaving the edge of the road/bike lane

The U.S. Center for Disease Control and Prevention estimates approximately 66.9 million Americans ride bicycles and reports more than 600,000 emergency room visits annually secondary to bicycle-related injuries.  Of those injuries, 824 result in death. The primary cause of death is due to head injuries, which account for 60% of all deaths. 

Although the use of a bicycle helmet has been proven to reduce the risk of head injury by nearly 80%, studies show that only 19% of adults and 15% of children actually use a helmet!

In these hard economic times, many are relying on a bicycle as their primary means of transportation.  In my practice as a personal injury attorney in Polk County, Florida, I have seen many traumatic head injuries and deaths sustained in bicycle incidents.  Just as the use of a seat belt is a critical safety tool when operating a vehicle, so is the use of a bicycle helmet. Invest in a helmet. Remember, there is no greater investment than your life!

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